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Law and Order: Accident on Jackson Street leads to accusation of DWI

By Howard B. Owens

Logan R. Evans, 22, of East Main Street, Batavia, is charged with DWI, driving with a BAC of .08 or greater, unlawful possession of marijuana and moved from lane unsafely. Evans was arrested following an investigation by officers Stephen Cronmiller and Matthew Lutey into an accident at 1:06 a.m. Saturday in the area of 23 Jackson St., Batavia.

Jacob S. Martino, 29, of Drake Street, Oakfield, was arrested on a warrant for alleged parking on city streets between 2 a.m. and 6 a.m. Martino turned himself in on the warrant. He posted bail and was released.

Amanda Marie Bowles, 28, of Williams Street, Batavia, was arrested on a bench warrant. Bowles was arrested by Batavia PD and turned over to the Sheriff's Office. Bowles was jailed on $100,000 bail.

Arrest made in case of barefooted trespasser from last March

By Howard B. Owens

An arrest has been made in what might be termed an 11-month cold case.

On snowy night last March, somebody broke into the Discovery Chapel, 315 W. Main St., Batavia, stayed for a while and left barefooted sometime later.

The police had shoes, socks, footprints in the snow and a little bit of blood.

The blood is what led to the arrest of Shannon G. Cook, 34, of 6269 Byron Elba Road, Byron.

Cook was identified as a suspect through a DNA match after he was required to submit a DNA sample following an unrelated criminal conviction.

Nothing was stolen from the church.

Cook is charged with criminal mischief, 3rd, and criminal trespass, 3rd.

Following ararignment in City Court, Cook was released under supervision of Genesee Justice.

Law and Order: Corfu woman accused of shoplifting at two locations on two days

By Howard B. Owens

Jenea M. MacLeod, 29, of Genesee Street, Corfu, is charged with petit larceny. MacLeod is accused of shoplifting from the Dollar General Store at 412 E. Main St., Batavia. She allegedly placed items in her purse and walked out of the store without paying for the items on Friday. Two days earlier, MacLeod also allegedly stole merchandise from Walmart. She was charged with petit larceny and trespass.

Kevin Leroy John Halbert, 27, of Ellicott Street, Batavia, is charged with peit larceny. Halbert is accused of shoplifting from Kmart.

Woodrow C. Horseman, 37, of State Street, Batavia, is charged with petit larceny and trespass. Horseman was allegedly banned from Tops. He allegedly went into Tops at 4:08 p.m. Sunday and stole several cases of beer.

Jason H. Freeman, 32, of South Spruce Street, Batavia, is charged with petit larceny. Freeman is accused of stealing ice cream from Tops.

Terry Ann Espinosa, 43, of West Main Street Road, Batavia, is charged with falsely reporting an incident, 3rd. Espinosa is accused of falsely reporting a larceny to Batavia PD.

Gregory Seppe, 55, of Hyde Park, Batavia, is charged with disobeying a court order of protection and endangering the welfare of a child. Seppe is accused of entering a residence on Columbia Avenue at 10:17 a.m. Saturday and coming into contact with a person he is barred by court order from contacting. While in the residence Seppe allegedly acted inappropriately and endangered the safety and well being of several children in the residence.

Stephen W. Quigley, 59, no permanent address, is charged with petit larceny and trespass. Quigley allegedly slept overnight in a vehicle on the car lot of Time Buyer and stole change from an unsecured vehicle. Quigley was jailed on $5,000 bail.

David C. Truesdale, 24, of 18 Parsells Ave., Rochester, was arrested on a bench warrant. Truesdale was located reportedly hiding in a bathroom at 20 Tracy Ave., #1, Batavia, by Sgt. Chris Camp while Camp was attempting to serve a warrant on Truesdale. Truesdale is charged in the warrant with assault, 3rd, and strangulation, 2nd. He was also arrested on a City Court warrant for alleged failure to complete community service on an unreasonable noise complaint. At the time of his arrest, Truesdale was allegedly found in possession of marijuana. Truesdale was jailed without bail.

Duffy L. Starks Jr., 21, of Tracy Avenue, Batavia, is charged with unlawful possession of marijuana. Starks was allegedly found in possession of marijuana while Batavia PD was at 20 Tracy Ave., Batavia, to arrest another subject on a warrant. Starks was also arrested on a parole warrant. He is being held in the Genesee County Jail on the parole warrant.

Joshua T. Fullmer, 21, of 3124 W. Main Street Road, Batavia, was arrested on a bench warrant. Fullmer turned himself in to Batavia PD.

Amy R. Martin, 29, of Dewey Avenue, Batavia, turned herself in on a parking ticket warrant for allegedly parking on a city street between 2 a.m. and 6 a.m. Martin posted bail and was released.

Danny D. Williams Sr., 25, of 310 E. Main St., Batavia, was arrested on a bench warrant. Williams was located in Rochester and arrested on two bench warrants and one arrest warrant out of Batavia City Court. Williams was jailed without bail.

Leslie C. Jackson, 51, of Piffard, is charged with grand larceny, 4th, and and a Class E felony (the State Police blotter is unclear as to what it is). Jackson was arrested by state troopers in connection with an alleged incident reported at 3 p.m. Dec. 3 in the City of Batavia. No further details released.

Assault suspect reportedly told deputy 'he never should have shoved my wife'

By Howard B. Owens
Craig Lawson

The man accused of punching another patron following the Kid Rock concert in July at Darien Lake kept muttering, "he shouldn't have shoved my wife," according to the deputy who arrested him.

The officer testified at a hearing in Genesee County Court today, called a suppression hearing, which is a chance for the defense to challenge whether certain pieces of evidence will be allowed at trial.

In this case, Judge Robert C. Noonan ruled that Deputy Lonnie Nati will be allowed to testify about what the possible statements made by the suspect, 34-year-old Craig Malcolm Lawson, of Talbot Street, Courtland, Ontario, Canada.

Lawson is charged with assault in the second degree, a Class D felony.

He allegedly delivered a single punch to Jason McNeil, a former WNY resident who lives in Tuscaloosa, Ala.

McNeil was hospitalized and in a coma for weeks following the incident.

A source in contact with the family said McNeil is back in home, but "he will never be the same." His injuries are described as "catastrophic" and McNeil requires 24/7 care.

Nati was on the stand for about 30 minutes, being peppered with rapid fire questions from, first, Robert Zickl, an assistant District Attorney, and then by Jessica Kulpit, representing Lawson.

Nati testified that he was working the night of the incident in the parking lot of the Darien Lake Performing Arts Center.

At some time around 11 p.m., after the concert, deputies were handling crowd control and traffic during a period known at "the dump" (when everybody leaves and deputies and Darien Lake security work to get the parking lot cleared of cars as quickly as possible). 

Nati received a call of a fight in the area of South PAC. He was only about 50 or 60 feet away at the time of the call, he testified.

When he arrived, concert security had Lawson detained and another man was laying on the ground.

Nati directed Lawson over to a bench. Lawson said, "he never should have shoved my wife," while sitting on the bench, Nati said.

Within a minute a woman ran up, whom Nati later identified as Lawson's wife, and told Lawson not to talk to Nati.

"It was kind of funny," Nati said, "she kept running up to him, putting her hand on his mouth telling him to 'shut up, you want an attorney.' "

During this period, Lawson said he wanted an attorney.

In a few different ways and a few times, Kulpit asked if Nati read him his Miranda warnings. Nati answered pretty much the same each time: "No, because I didn't ask him any questions."

Nati said at no time did he ever question Lawson except to obtain what's known as pedigree information (name, date of birth, address, etc.).

From the time Nati first made contact with Lawson, through the ride in the security golf cart to the security trailer, to the time sitting in his patrol car while being booked, Nati said Lawson kept mumbling, "he never should have shoved my wife."

Nati described Lawson as intoxicated, but very cooperative.

"He was continuing with his drunken mutterings about 'he shouldn't have shoved my wife,' " Nati said.

The officer said he didn't observe any cuts or blood on Lawson.

After the hearing, when asked if she anticipated a trial for Lawson, Kulpit -- filling in for attorney Joel Daniels -- would not answer the question.

No trial date has been set. Lawson is scheduled to appear in court again at 1:30 p.m.

Previously:

Still no decision on new attorney for man facing additional sexual abuse charges

By Howard B. Owens
Earl Sprague

It's still not clear who will represent Earl Sprague in his second trial on child sexual abuse charges.

Sprague, already serving a 21-year sentence on child sexual abuse charges, appeared in County Court today dressed in state prison green, to hear Judge Robert C. Noonan tell William Tedford from the Public Defender's Office that regardless of who represents Sprague, the trial is going forward March 24.

The 42-year-old former Alabama resident faces an additional eight felony  counts, including two counts of burglary, 1st, sexual abuse, 1st, criminal sexual act, 1st, aggravated sexual abuse, 1st, two counts predatory sexual assault, a Class II-A felony, and one count of assault, 1st.

The Class II-A felony carries a possible life sentence.

Last week, Sprague asked that Fred Rarick, who was court-appointed to represent him in his trial on 28 felony counts, be dismissed as his attorney for the second trial.

Noonan granted his wish and assigned the case to the Public Defender's Office.

Today, Tedford asked Noonan to delay the case because Tedford already has four possible trials between now and April, plus the office will be short-handed at the end of March because Public Defender Gary Horton is retiring.

"My personal trial schedule will give me a limited time to prepare," Teford said. "While I consider myself a quality attorney, I submit that six weeks to properly preper for a trial on such serious charges would result in ineffective counsel for Mr. Sprague.

Noonan said it's actually seven and a half weeks, which should be enough time to prepare; however, Noonan said taking everything into account, he has arranged for an attorney from the assigned council office to come to court tomorrow and go over the case with Sprague and Tedford and see if he will be able to take on the case and be ready for trial March 24.

"This case has lingered on far too long," Noonan said.

Law and Order: Bergen man accused of forging checks, stealing jewelry

By Howard B. Owens

Dustin Michael Locicero, 29, of Gibson Street, Bergen, is charged with seven counts of criminal possession of a forged instrument, 2nd, grand larceny, 3rd, and criminal contempt, 2nd. Locicero is accused of stealing jewelry, collectable coins and personal checks from a home in South Byron and of stealing personal checks from homes in Bergen and Rochester. Locicero allegedly cashed the checks at banks in Batavia, Elba and Le Roy. The coins and jewelry were valued at $7,000 and Locicero allegedly sold these items at different unknown locations. Locicero has a pending second-degree forgery charge in the City of Batavia. In 2011, Locicero was charged with identity theft (we don't have information on the disposition of that case). Locicero was taken into custody Tuesday. He was reportedly found hiding in a mobile home in the Town of Batavia and was arrested on a City of Batavia bench warrant. Locicero was arraigned in city court and jailed without bail. The investigation was conducted by Deputy Brian Thompson, Deputy John Duyssen and Investigator Timothy Weis.

Theodore R. Johnson Jr., 46, of Maple Street, Batavia, is charged with DWI, driving with a BAC of .08 or greater, speed not reasonable or prudent and leaving the scene of a property damage accident. Johnson's vehicle allegedly struck a building at 102 Evans St., Batavia, 4:48 p.m., Sunday. Johnson's vehicle was located stuck in a snow bank with a portion still in the roadway.

Dylan C. McKenzie, 19, of Batavia Stafford Townline Road, Batavia, is charged with unlawful possession of marijuana, failure to use headlights and operation by an unlicensed driver. McKenzie was stopped at 2:01 a.m. Wednesday on East Main Street, Batavia, by Officer Thad Mart.

Clenton J. Reese, 50, of Ellsworth Avenue, Batavia, is charged with criminal contempt, 2nd, and harassment, 2nd, Reese was allegedly involved in a disturbance and upon investigation was allegedly found in the presence of a protected person.

Catherine A. Lewis, 50, of Cone Street, Batavia, is charged with harassment ,2nd. Lewis is accused of pushing and threatening another person.

Robert K. Geandreau, 41, of Elm Street, Batavia, is charged with DWI, driving with a BAC of .08 or greater, open container and inadequate tail lamp. Geandreau was stopped at 11:42 p.m. Friday on East Main Street, Batavia, by Officer Stephen Cronmiller.

Pembroke grandmother accused of being linchpin in large drug dealing operation

By Howard B. Owens

Geraldine Horsefall
(photo from NYSP)

A Pembroke grandmother is the focal point of a multi-agency investigation into drug dealing in WNY, Attorney General Eric Schneiderman announced in Buffalo today.

Geraldine Horsefall is accused of obtaining hydrocodone pills from various individuals -- many of whom were arrested as part of the drug sweep -- and selling them to residents on the Tonawanda Indian Reservation and in Erie and Niagara counties.

She's also accused of buying and selling cocaine as part of an organization that moved a large quantity of the narcotic.

The arrests were announced as part of the conclusion of an 18-month investigation called Operation Lockport, which led to 160 combined criminal counts against 25 people. The exact list of charges were not released.

At the press conference today, Schneiderman described Horsefall as a linchpin in the operation who allegedly enlisted the aid of her children and brought her grandchildren along while allegedly selling drugs.

“You know when someone brings small children along with them to make themselves a more effective drug dealer, that’s about as low as you can get," Schneiderman said.

The arrest of Horsefall, 59, and her alleged accomplices were announced along with several other arrests in a second cocaine dealing investigation in Erie and Niagara counties

The other investigation also led to the discovery of bi-monthly cockfights on an Indian reservation in Niagara County.

“Drug trafficking rings like these infect our neighborhoods and tear apart our communities,” Schneiderman said. “Today’s arrests strike a significant blow to the drug trade across Western New York. My office, with our strong collaboration with law enforcement partners, will fight to make our communities safer by rooting out large-scale narcotics trafficking networks.”

Local law enforcement agents from Erie, Niagara and Genesee counties -- along with members of the Genesee County Local Drug Enforcement Task Force, State Police and DEA -- all participated in the investigation, which included undercover operations, GPS tracking devices and hundreds of hours of covert surveillance.

“It is through the combined efforts of federal, state and local law enforcement that these dangerous individuals are now off our streets and out of our communities,” NYSP Superintendent Joseph D’Amico said. “We worked together identifying these dealers, pinpointing their drug activity and shutting down their enterprises.

Other Genesee County residents charged with crimes as a result of the investigation are: Rylyn Horsefall, 33, of Pembroke; Lori Schwab, 33, of Corfu; and Eric Parker, 38, of Pembroke.

Also arrested was 42-year-old Michelle King, of Akron, reportedly a nurse in a doctor's office who allegedly helped supply controlled substances to Horsefall.

Operation Lockport led to the seizure of approximately two kilograms of cocaine and more than $60,000 in cash, officials said.

Members of the alleged narcotics ring would transport cocaine from Fort Lauderdale, Fla., to WNY, authorities said.

Investigators believe that the suspects would pack cocaine into the soles and heels of doctored pairs of shoes and then cut up the shoes once in Buffalo. The shoes, along with box cutters, razor blades and utility knives, were allegedly found in a vehicle belonging to Vincent Mundy, of Fort Lauderdale, who was arrested this morning.

DEA Special Agent in Charge James Hunt said Operation Lockport totally dismantled a complete drug-dealing operation.

"Today's arrests have put an end to their drug network, arresting crew members at all levels -- those who sold crack cocaine and cocaine on the streets, to the resellers, to the suppliers who transported the drugs from Florida to Buffalo concealed in soles of shoes," Hunt said. "I commend the dedication and teamwork of our federal, state and local law enforcement partners throughout this investigation."

Law and Order: Three arrests reported

By Howard B. Owens

Charles Paul Mitchell, 34, of Sanders Road, Stafford, is charged with harassment, 2nd. Mitchell is accused of causing unwanted physical contact with another person during an argument.

Maya Simone Washington, 40, of East Main Street, Batavia, is charged with petit larceny. Washington is accused of shoplifting from Kmart.

Eric Swede, 25, of Perry Road, Pavilion, is charged with disorderly conduct. Swede was arrested after Batavia PD was dispatched to Sport of Kings restaurant at 3:45 a.m. Sunday for a report of an intoxicated male causing a disturbance. Swede was issued an appearance ticket.

Pavilion man accused of selling controlled substance to undercover agent

By Howard B. Owens
Keith Reamer

A 38-year-old Pavilion man has been arrested and accused of selling Clonazepam to an agent of the Genesee County Drug Enforcement Task Force.

Keith G. Reamer Jr., of Hartwell Road, is charged with criminal sale of a controlled substance, 5th, and criminal possession of a controlled substance, 5th.

Clonazepam is a sedative sometimes used to treat epilepsy, panic attacks and other ailments. Recreational users have described a slight euphoric feeling from the drug. An overdose can cause respiratory failure.

Reamer was arraigned in Town of Pavilion Court and released under supervision of Genesee Justice.

The task force was assisted by uniformed deputies in the arrest of Reamer.

Law and Order: Man accused of stealing and selling video game system

By Howard B. Owens

James R. Kosiorek, 21, of East Main Street, Batavia, is charged with petit larceny.  Kosiorek allegedly stole a Playstation 3, three controllers and 13 games from a location where he was residing on East Main Street and sold those items at a video game store in the city. Kosiorek is being held in the Genesee County Jail on a parole warrant.

Sath Paul Dhanda, 33, of Pearl Street, Batavia, is charged with trespass. Dhanda was arrested after allegedly showing up at T.F. Brown's and being informed that he was banned from the restaurant by management. Dhanda was reportedly informed by staff to leave the restaurant. Dhanda reportedly did leave, but returned a short time later and allegedly caused a disturbance. Dhanda was jailed on $500 bail.

Glenn E. McClurg, 46, of Summit Street Road, Le Roy, was arrested on a bench warrant out of City Court. McClurg posted bail and is scheduled to return to court Jan. 29.

Jerald Alfred Shuler III, 20, of Graham Street, Batavia, is charged with DWI, driving with a BAC of .08 or greater and unsafe start. Shuler's vehicle was stopped at 2:45 a.m. Jan. 18 at Porter Avenue and Washington Avenue by Officer Peter Flanagan.

Michael P. Beedham, 55, of Prospect Avenue, Attica, is charged with assault, 3rd, and endangering the welfare of a child. Beedham was allegedly involved in a domestic incident in a vehicle that was parked on Lewiston Road, Batavia. Beedham allegedly punched a juvenile victim in the ribs causing sweling and bruising.

Joshua A. Musielak, 27, of Alden, is charged with trespass and criminal mischief, 4th. Musielak was arrested by State Police for an alleged incident reported at 5:54 a.m. Jan. 15 on Seven Springs Road, Batavia. No further details released.

Le Roy rapist allegedly tried to get somebody to hurt corrections officer

By Howard B. Owens
Charles Johnson

A convicted rapist slated to spend 18 years in prison has been charged with a new crime: criminal solicitation, 4th.

Charles Daniel Johnson Jr., 29, allegedly tried to convince another person to harm a Genesee County Jail corrections officer.

Sgt. Greg Walker said not a lot of information about the case is available  tonight. 

He said Johnson apparently made no offer of money or other compensation to the person he contacted, but he did try to get another person to hurt a corrections officer.

It's not known at this time how serious of an injury Johnson allegedly wanted to inflict on this officer or why the officer was targeted.

The corrections officer allegedly targeted has not been publicly identified.

Judge Robert C. Noonan sent Johnson to prison for 18 years Jan. 17 for the home-invasion rape of a woman in Le Roy.

Johnson has been incarcerated at the county jail pending the NYS Department of Corrections accepting him into the DOCS system.

City's skate park has uncertain future after officials have all of the ramps removed

By Howard B. Owens

To you, it probably just looks like a picture of a vacant lot with a piles of snow at the far end, but to Joseph Barclay Jr. it is -- or was -- a skate park.

Barclay asked on Facebook if The Batavian would look into why the city's skate park off Evans Street, behind the Falleti Ice Arena, disappeared.

Today, City Manager Jason Molino said the skate park had become a problem and it's future is uncertain.

"The park keeps getting vandalized and we were just putting good money after bad," Molino said.

In the fall, when city workers went to remove a couple of damaged ramps, they found drug paraphernalia and hypodermic instruments inside the equipment.

At that point, officials decided to remove the skate park all together. Molino said the city will decide what to do with it in the spring.

Barclay thinks he and his skating friends need a place to roll.

"I know all the BMXers, skateboarders and rollerbladers plan on using the streets again if the park isn't returned to us," Barclay said. "We should have a place where we can do our sports where we won't be in danger. Instead they take it away from us. It makes us use the streets again putting people and kids in danger of getting hit by cars."

Molino said he's aware there are a few users of the park, but Chief of Police Shawn Heubusch is concerned about the location on Evans, Molino said. Tucked behind the ice arena, it's not easily visible to people, which perhaps gives some visitors to the park the idea that it's a good place for illegal activity.

Vandalism in all of the city parks has become an increasing problem, Molino said. Water fountains, bathroom fixtures, tennis courts and nets, ball fields and basketball hoops have been regularly targeted by vandals, Molino said.

"It's a constant problem that we're trying to deal with in our parks," Molino said.

Harvester assault suspect will take his case to trial rather than accept plea deal

By Howard B. Owens
Shane M. Bell

Rather than accept a potential plea offer that could limit his prison term to two years, a 47-year-old Batavia resident would apparently rather take his chances with a Genesee County jury on a felony charge of assault in the second degree.

Shane M. Bell is accused of hitting and seriously injuring a fellow patron of The Harvester outside the bar on Harvester Avenue in August.

Scott Baker, 52, reportedly suffered a serious head injury in the incident.

If convicted by a jury, Noonan could potentially sentence Bell to seven years in prison.

District Attorney Lawrence Friedman said that an offer that would have capped Bell's prison term at four years was rejected, but in doing so defense attorney William Teford ask if Friedman would entertain the idea of a two-year sentence cap.

Friedman said he told Tedford to ask his Bell if he would accept such a plea deal, but never ever actually offered the plea deal.

After court, Friedman said he didn't make the offer because he didn't want to put Baker's family through a discussion about such a plea deal unless there was a chance Bell would accept it.

According to Tedford, Bell said he wouldn't agree to such an offer.

At Bell's pre-trial hearing five months ago, Tedford raised the possibility of a self-defense claim by Bell.

Convicted child abuser will get new attorney for second trial

By Howard B. Owens
Earl Sprague

Earl Sprague, sentenced yesterday to 21 years in prison for child sexual abuse, will have a new attorney when he goes on trial -- possibly in March -- on a separate set of charges, including predatory sexual assault.

During an appearance today to set a trial date on the eight counts still pending against Sprague, attorney Fred Rarick told Judge Robert C. Noonan that it was apparent to him that Sprague no longer had confidence in him and that a new attorney should be appointed to represent the 42-year-old Alabama resident.

Noonan expressed some skepticism that Sprague really needed a new attorney, praising Rarick's ability as a criminal defense attorney.

"Mr. Rarick is one of the most experience criminal defense attorneys we have around here in handling very serious matters such as yours," Noonan told Sprague. "He worked very hard on this case. If there was a difference over strategy, that's not unusual."

Sprague told Noonan that he felt there was evidence that Rarick didn't bring out at trial that he thought should have been presented to the jury.

"I won't get into specifics, but there was a point in the trial where he said if we do this, they're (motioning toward the prosecution) is going to try and do something else," Sprague said. "We talked about it. I thought about it and then I said go ahead and he didn't go ahead and do it. None of it was brought up."

Noonan expressed concern that a change in attorney could delay the second trial, but after a little more conversation with Sprague and Rarick agreed to refer the case to the Public Defender's Office.

Sprague faces a trial on eight felony counts, including two counts of burglary, 1st, sexual abuse, 1st, criminal sexual act, 1st, aggravated sexual abuse, 1st, two counts predatory sexual assault, a Class II-A felony, and one count of assault, 1st.

Noonan set a trial date of March 24.

Sprague be back in court Jan. 30 to ensure a new attorney has been appointed and is working on the case and can be ready for trial on that date.

Law and Order: Woman accused of leaving dog with no food while on trip to Florida

By Howard B. Owens

Lauren K. Pellegrino, 32, of West Main Street, Batavia, is charged with abandonment of animal and failure ot provide sustenance for an animal. Officers James Defreze and Chad Richards were dispatched to 129 Jackson St., Batavia, at 6:44 a.m. Jan. 6 to check on the welfare of a reportedly malnourished dog that was found by Pellegrino's landlord. The officers found a boxer/pitbull mix inside the residence. The officers determined the dog was allegedly "extremely malnourished."  Pellegrino allegedly left the dog unattended in the residence while she went on a vacation to Florida. The dog was removed from the residence and is being nursed back to health at the Genesee County Animal Shelter. Pellegrino was issued an appearance ticket on the charges.

Rachel E. Rast, 26, of Barefoot Lane, Caledonia, is charged with harassment, obstructing governmental administration and resisting arrest. Officers Darryle Streeter and Stephen Cromiller responded to a report of a disturbance at Batavia Gardens at 1:13 p.m. Rast allegedly resisted arrest and in the process struck an officer in the head.

Kristopher J. Staats, 23, of Montclair Avenue, Batavia, is charged with petit larceny. Staats allegedly stole $64.95 cents worth of steaks from Settler's Restaurant while employed by the restaurant.

Marc David Unger, 31, of East Main Street, Corfu, was arrested on a warrant for alleged violation of probation.

Brooke Lyn Blaszak, 22, of Summit Street, Batavia, is charged with grand larcney, 4th. Blaszak allegedly stole $1,400 worth of property from an acquaintance. Blaszak was jailed on $1,000 bail

Unlocked cars in the city again proving to be a magnet for thieves

By Howard B. Owens

Once again, local law enforcement is reminding people to lock up their cars, because unlocked vehicles seem to act as an invitation to thieves to help themselves to whatever they find inside.

From Jan. 13 through Jan. 20, Batavia PD received reports of items stolen from 12 unlocked vehicles at various locations throughout the city.

The thief or thieves took cash, change, purses, wallets, GPS units and other electronic items.

The larcenies were reported on South Main Street, Pearl Street, Franklin Street, Brooklyn Avenue, Meadowcrest Drive, Trumbull Parkway, Elm Street and Swan Street.

"The larcenies are believed to have been committed by persons walking in the neighborhoods during the evening hours," according to a Batavia PD press release.

To report suspicious activity in your neighborhood, call (585) 343-5000.

Alleged Sunoco robber reportedly packing an Airsoft gun

By Howard B. Owens

Edward Wood

The man accused of robbing the Sunoco station at West Main and Dellinger Avenue on Tuesday night reportedly told police after his arrest that he wrote out a note, put on a red hoodie and black ski mask and brandished an Airsoft gun in an attempt to obtain cash to support his daughter.

Edward Wood III, 21, of Vine Street, Batavia, is charged with robbery, 2nd, criminal possession of a weapon, 4th, petit larceny, menacing, 2nd, and criminal mischief, 4th.

In a sworn statement to police, Wood admits to the robbery and says, "I'm sorry for what I did. I would not have done this if I had money to support my daughter."

Even though Wood was allegedly carrying an Airsoft gun, the clerk in the station took the situation very seriously.

"When he walked in, he started pointing a gun at me," the clerk wrote in his statement. "It was a black handgun. It looked like a Glock to me. The gun was already drawn at me when I first saw him. ... He said, 'Give me the money, Bro. I'm not playing around.' Then he chambered a round in the gun and kept it pointed at me."

The clerk also said at one point, the robber slammed the gun down on the counter, breaking the glass.

"I was afraid he might shoot me," the clerk wrote. "I opened the cash drawer and started taking out all the bills. When I got to the singles, he said 'That's enough. That's good.' "

Wood's version of events differs slightly.

He said he borrowed the Airsoft pistol (a gas-fired pellet gun) from a friend and wrote out a note that said, "Empty the cash drawer, put the Newport cigarettes in bag."

"I told the guy at the counter to not be stupid and give me the money," Wood reportedly told investigators. "I had the Airsoft gun in my right hand. The guy froze at first. He then told me to take what I wanted, pointing at stuff around the store. I told him I did not want that. I banged the barrell of the gun on the counter and I told him I wanted money."

Wood told investigators he took the money and ran from the store, down Dellinger Avenue, discarding the sky mask and hoodie as he fled.

He said he made it to his uncle's house and started to walk up the front steps, but then changed his mind about stopping there.

As he started to continue on his way, two Batavia PD patrol cars arrived on scene.

Dispatchers reported the robbery to patrols at 9:50 p.m.. Officers James DeFreze and Jamie Givens had Wood in custody at 9:53 p.m.

Wood was jailed without bail.

Previously: Sunoco on West Main robbed, suspect already in custody

Expert on problem-oriented policing provides some advice for Batavia

By Howard B. Owens

It's one thing, according to Andy Mills, chief of police in Eureka, Calif., to lock down a neighborhood and try to initiate police contact with every resident.

It's an entirely different approach to bring all of the resources of city government onto a troubled street and invite residents to participate in local problem solving.

The first approach invites resentment, Mills said. The second opens doors to better communication between residents and police.

Mills hopes the Batavia's plans for what officials have called "neighborhood sweeps" is more like what the city of San Antonio, Texas, has been doing, which is setting up mobile city halls in troubled residential areas.

"It all depends on the intent of the effort," Mills said. "If it's a temporary city hall where people can come to you and tell you what the issues are and what they would like to see addressed, I think that's a wonderful idea. If the effort is going to be going in and throwing up an iron curtain and body checking everybody (who) is coming through, I wouldn't see that as viable. At least, I wouldn't do it."

Mills was encouraged by a statement from City Manager Jason Molino that he read where Molino said the goal was to get folks out of their homes and communicate with local officials. That's the right approach, Mills said.

Mills is a former captain with the San Diego Police Dept., where he worked, among other assignments, in the gangs and intelligence units. He has done consulting work all over the the United States in problem-oriented policing and managed a patrol team that won the Herman Goldstein Award for Excellence in Problem-Oriented Policing. He's also won the Police Executive Research Forum’s national Gary P. Hayes Award for his contributions to improving the quality of police service.

(I was introduced to Mills this week by Rana Sampson, a nationally known expert in community-oriented policing, whom I met in 1996 when I wrote a profile of her for San Diego Magazine.)

Eureka is a small city, especially by California standards, with a population of 27,000. It's located on the coast in Northern California.

Just this week, Mills said, he met with a group of Eureka residents sharing some of the same kinds of concerns arising in Batavia.

The good news is, Mills said, Batavia, like Eureka, has a community of people concerned enough about their community to get involved.

Shawn Heubusch, Batavia's chief, has said BPD's response to neighborhood problems will be data-driven. Data on crime and complaints and the suspected location of people known to cause problems will be used to select neighborhoods for sweeps. 

Using data to identify problem areas is the right approach, Mills said.

"You should certainly focus a lot of your resources on those locations," Mills said. "That would go to the heart of problem-oriented policing."

Identifying landlords who won't bring buildings into code compliance is also a good approach.

"You want to remove the environment that makes those neighborhoods friendly to ne'er-do-wells," Mills said.

He added, "You certainly want to create an environment where criminals feel uncomfortable, but at the same time, you want to make sure government works for all people. You certainly look at criminal behavior rather than a criminal profile. You tackle behaviors. If somebody is selling dope at a particular location or creating social disorder by hanging out, you tackle those specific problems."

The mission of making the environment uncomfortable for criminals, of course, should not disrupt the rights of individuals, he said.

As for the seeming rise in gun play in the Batavia, it's certainly something to pay attention to, Mills said, but he also praised Batavia PD for reacting strongly to the rise in gun-related incidents.

"I applaud them for being attuned and aware of what they're facing," Mills said.

He said, it's important, though, not to overreact.

"If you're having an isolated problem, then get rid of the problem," Mills said. "If you're seeing a trend, then deal with the trend."

That's where analyzing data and being thoughtful about what it means comes into play, Mills said.

"I think what you need to do is establish overall trends," Mills said. "If you're starting to see trends that are a concern, take a look at that. I would want to see more over a longer period of time before we made any harsh decisions that could have a long-term impact on a community. That's not to say a neighborhood sweep is a harsh decision. I'm just talking in general."

On video surveillance cameras, there's no doubt they are very successful at reducing crime, Mills said.

"I don't have a problem with them," Mills said. "There are some liberty issues that your local community will need to wrestle with, but I'm generally in favor of using cameras under the right circumstances."

Cameras, he said, should be monitored.

When told that wasn't the plan in Batavia, that rather, recordings would be reviewed after the fact of a crime, Mills said he understands the resources it would take a small police department to monitor surveillance cameras around the clock, but there's also a solution to that problem.

"Ask volunteer community members to monitor the streams over the Web," Mills suggested. "There are a variety of options, but getting a camera is the step in the right direction."

Among the resources Mills recommend is the Web site for the Center for Problem-Oriented Policing and particularly the article "25 Techniques of Situational Prevention."

"Batavia sounds like a wonderful city," Mills said. "People really care about their neighborhoods. If you look at the research, where people are looking out for each other, crime is reduced."

Noonan gives maximum available sentence to Alabama man convicted of child sexual abuse

By Howard B. Owens
Earl Sprague

Convicted by a jury on 28 counts of sexual abuse, Earl Sprague will soon begin a 21-year prison term while still maintaining his innocence.

The 42-year-old Alabama resident was sentenced in Genesee County Court today by Judge Robert C. Noonan.

"It's a very sad circumstance, but the saddest part is that two kids have been victimized repeatedly over an extended period of time," Noonan said. "I do believe a serious sentence should be imposed over a lengthy period of time."

On the first three counts of sexual abuse the jury said Sprague did commit, Noonan gave Sprague seven years on each count to be served concurrently. On counts four through 17, again, seven years each, served concurrently, but consecutive to the first seven years. On counts 18 through 28, seven years each, running concurrent to each other, but consecutive to the first two groups of counts.

The three groups of seven-year sentences, served consecutively means Sprague will be locked up for 21 years, barring any time off for good behavior.

The sentence was the maximum available to Noonan under state sentencing guidelines.

District Attorney Lawrence Friedman told Noonan he would recommend Sprague spend the rest of his life in prison, if only that were an option for Noonan.

"It would be appropriate to send him to prison for the rest of his life, but that can't be done," Friedman said. "We will once again have to worry about what this defendant is going to do once he's out of prison. I would ask that you do everything in your statutory power to keep this defendant locked up for as long as possible as required by law."

Sprague will be on parole for 10 years following his release from prison.

Defense attorney Fred Rarick told Judge Noonan that his client had been prepared to make a statement in court, but after Noonan ruled that a television camera could record the proceedings, Rarick said his client informed him he would not make a statement.

"He can choose to make a statement or not make a statement," Noonan said. "This is a public courtroom and the presence of a camera only enhances the public nature of it to some extent. It's his choice."

Sprague made no statement.

The two young victims he was convicted of molesting had originally requested to appear at the sentencing and make victim impact statements, but neither appeared today. Instead, Assistant District Attorney Melissa Cianfrini read statements from both victims.

Rarick filed a notice of appeal and explained after court that he did so primarily to preserve his client's right to appeal his conviction. Rarick said it will be up to an attorney who specializes in appeals to review the transcript of the case and determine what if any issues might be proper for appeal to a higher court.

There could be an issue, Rarick said, with Noonan allowing the jury to hear evidence of Sprague's prior bad acts, including prior accusations of children molestation going back 30 years.

"My client respectfully disagrees with his ruling," Rarick said. "We thought he shouldn't let any priors in because it would take the jury's mind off what the real issues are."

From Rarick's point of view, those issues include an estranged wife who had motivation to keep Sprague from gaining custody of their children after she was accused of burglary and theft. According to Rarick, Penny Sprague made statements prior to Earl Sprague's arrest that she knew how a woman could get a man in trouble and that children could be convinced to make accusatory statements.

Rarick said there were never any accusations or concerns raised about Earl Sprague molesting these particular children until Penny Sprague became a suspect in a burglary.

Sprague will be back in court tomorrow because he still faces eight felony counts from another grand jury indictment, including two counts of burglary, 1st, sexual abuse, 1st, criminal sexual act, 1st, aggravated sexual abuse, 1st, two counts predatory sexual assault, a Class II-A felony, and one count of assault, 1st.

Sunoco on West Main robbed, suspect already in custody

By Howard B. Owens

Within minutes of a reported robbery at the Sunoco Gas Station on West Main Street, a Batavia police officer reported taking a suspect into custody on Dellinger Avenue.

The initial report had a man who may have displayed a gun running from the store wearing a red coat and black mask.

UPDATE 11:04 p.m.: Officers on scene confirmed the suspect did use a gun and a gun was recovered. No word on how much money was taken. Officers recovered what appeared to be garments the suspect discarded as he ran from the store, including a red sweatshirt, black ski mask and sunglasses. Deputy Chris Erion was quickly on scene with his K-9 "Destro." Destro tracked the suspect's path and located what officers believed to be the demand note used by the suspect. The robbery was dispatched to Batavia PD patrols at 9:50 p.m. and an officer reported the suspect in custody at 9:53 p.m. The name of the suspect won't be released until after his arraignment in City Court. 

Notes: Destro, you may remember, is new to the force. While he has worked to help track a possibly missing person, Erion confirmed this is the first time Destro has tracked a suspected criminal and helped find evidence. Also, since Thursday, we've had, in the city, a burglary in progress, a bank robbery and now this armed robbery and in all three cases suspects were apprehended quickly by local law enforcement (State Police assisting Batavia PD on the bank robbery).

Top photo, Sgt. Chris Camp, Deputy Erion and Destro checking out the location on Dellinger of a possible demand note used by the suspect. Photos below: Officer James DeFreze with ski mask and sweater that may have been discarded near the station by the suspect, and the Sunoco station on West Main with Batavia PD, Sheriff's Office and State Police on scene.

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